BIE - Marine and Waterfront Protection Authority (03/21/2024)MI AMI BEA CH
C ity of M ia m i Be a c h, 1700 Convention Center Drive. Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
MEETING DATE:
SUBJECT:
Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager tJiJfJt ~ pv
April 3, 2024
BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE Ill , ENTITLED "AGENCIES, BOARDS AND
COMMITTEES," BY AMENDING DIVISION 21, ENTITLED "MARINE
AND WATERFRONT PROTECTION AUTHORITY," BY AMENDING
SECTION 2-190.49 THEREOF, ENTITLED "POWERS AND DUTIES,"
BY CREATING SUBSECTION (4) THEREOF, TO AUTHORIZE THE
MARINE AND WATERFRONT PROTECTION AUTHORITY TO MAKE
RECOMMENDATIONS TO THE CITY MANAGER AND THE CITY
COMMISSION REGARDING POTENTIAL SUSPENSION OR
REVOCATION OF BUSINESS TAX RECEIPTS FOR COMMERCIAL
CHARTER OPERA TORS THAT ENGAGE IN NUISANCE OR HABITUAL
UNLAWFUL ACTIVITIES; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 Yes □No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;
□The proposed Ordinance relates to the issuance or refinancing of debt;
□The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
□The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
□The proposed Ordinance is an emergency ordinance;
□The Ordinance relates to procurement; or
□The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
B usine ss Im p a ct Estim a te
P a g e 2
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach, that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible, and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that up to 75 commercial charter vessel operators
could be impacted by the proposed Ordinance, if all of the City's commercial charter
vessel operator BTR holders were to be negatively reviewed by the City's Marine and
Waterfront Protection Authority and the City were to act upon the recommendation of the
MW PA.
14. Additional comments: None.
1\A /BEACH
City of Miami Beach. 1700 Convention Center Drive. Miami Beach. Florida 33139, www .miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Rafael A. Paz, City Attorney ~
FIRST READING
DATE: March 13, 2024
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH
CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill,
ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 21, ENTITLED "MARINE AND WATERFRONT PROTECTION
AUTHORITY," BY AMENDING SECTION 2-190.49 THEREOF, ENTITLED
"POWERS AND DUTIES," BY CREATING SUBSECTION (4) THEREOF, TO
AUTHORIZE THE MARINE AND WATERFRONT PROTECTION AUTHORITY
TO MAKE RECOMMENDATIONS TO THE CITY MANAGER REGARDING
POTENTIAL SUSPENSION OR REVOCATION OF BUSINESS TAX RECEIPTS
FOR COMMERCIAL CHARTER OPERATORS THAT ENGAGE IN NUISANCE
OR HABITUAL UNLAWFUL ACTIVITIES; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
At the request of the sponsor, Commissioner David Suarez, this proposed ordinance is
presented to the Mayor and City Commission for consideration on first reading.
The City of Miami Beach has established a Marine and Waterfront Protection Authority
("MWPA") to make periodic reports and advisory non-binding recommendations to the
City Manager or the City Commission for the improvement of standards for the City in
marine-related matters, to promote and maintain a safe clean and healthy marine
environment to be enjoyed by the City's residents and visitors.
The MWPA is also charged with making recommendations regarding any ongoing and
future waterside activities, including the permitting and policing of water-related and
beach concessions, water-oriented and marine-related special events, and marine and
waterfront environmental issues.
Members of the MWPA are, therefore, often most aware of commercial charter operators
engaging in conduct that is deleterious to the health, safety, and well-being of residents
and visitors to our City.
f:attorosr\2-rfr cmb\2024-03-13 - memo -Ist rdg. - amending ch. 2 creating subsection 4 (suarez) ca (6)(rap).docx
Commission Memo
March 13, 2024
Page 2
On February 13, 2024, the MWPA recommended establishing a structured approval
process granting them the authority to evaluate and approve initial and renewal BTR
applications for charter boats based upon a review of any violations or complaints against
charter operations. See L TC 052-2024 (attached).
Based upon Florida's statutory scheme relating to BTRs, MWPA review and approval of
initial BTR applications is not contemplated by the State of Florida's BTR process set forth
in Chapter 205 of the Florida Statutes. However, review by the MWPA of existing BTRs
and recommendations to the City Manager by the MWPA based upon the conduct of
existing BTR holders would be allowed under Florida's statutory process.
The proposed ordinance amends Sec. 2-190.49 ("Powers and duties"), which sets forth
the duties of the MWPA, to add new subsection (4), which authorizes the MWPA to make
recommendations to the City Manager regarding potential suspension or revocation of
business tax receipts for commercial charter operators that engage in nuisance or
habitual unlawful activities.
RAP/RFR/mmm
2
MAIA+IBEACH
City ot Miami Beach, 1O0 Convention Center Drive. Miami each. F 33139. www.miamibeacht.gov
NO. LTC # 052-2024 LETTER TO COMMISSION
TO: Honorable Mayor Steven Meiner Members of the City Commission
FROM: Rafael E. Granado, City Clerk
REGIS BARBOU
ATE: February 'T3,2024
SUBJECT: Marine and Waterfront Protection Authority (MWPA) Motions
The purpose of this Letter to Commission is to provide the memo from the Marine and Waterfront Protection
Authority (MWPA) Board meeting that occurred on February 13, 2024
DO ocu S g n En vel op e ID ED 84 F512 -0 B8 84-4 37E -8 934 -9A4 0 0F 73916 7
MA RINE ANDO WATERFRONT PROTECTION AUTHORITY BOARD
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor Steven Meiner and Members of the City Commission
Marine and Waterfront Protection Authority Board
February 13, 2024
Enhancing Charter Boat BTR Approval and Renewal Procedures
The purpose of this memo is to advise the Mayor and Members of the City Commission that the
Marine Waterfront Protection Authority (MWPA) has identified critical gaps in the current
Business Tax Receipt (BTR) approval and renewal process for charter boats within our
jurisdiction. Our advisory role lacks the authority to deny BTR applications, even for operators
with histories of citations. complaints, or violations. This limitation hampers our commitment to
upholding maritime conduct and environmental stewardship standards.
In response, the MWPA unanimously recommends establishing a structured approval process
granting us the authority to evaluate and approve initial BTR applications for charter boats. We
also propose implementing a renewal process that mandates a review of any violations or
complaints against charter operations. This approach ensures that renewals are contingent on a
satisfactory compliance record. with the MWPA having the final say on renewals for those with
significant non-compliance issues.
Additionally, we suggest requiring charter boats to report any operational changes during their
BTR renewal application, promoting transparency and adherence to regulations.
We request that the City Commission direct the City administration to assess these
recommendations and develop a framework that enables the MWPA to effectively oversee
charter boat operations. By formalizing these procedures. we aim to better safeguard our
waterways and ensure that charter boats meet our city's esteemed standards.
The MWPA sincerely thanks you for your consideration.
Respectfully, .Lu .
bave teeter
MWPA Vice Chair
2/13/2024 [ 12:48 PM PST
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
2 OF THE MIAMI BEACH CITY CODE, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 21, ENTITLED "MARINE AND WATERFRONT
PROTECTION AUTHORITY," BY AMENDING SECTION 2-190.49
THEREOF, ENTITLED "POWERS AND DUTIES," BY CREATING
SUBSECTION (4) THEREOF, TO AUTHORIZE THE MARINE
AND WATERFRONT PROTECTION AUTHORITY TO MAKE
RECOMMENDATIONS TO THE CITY MANAGER AND THE CITY
COMMISSION REGARDING POTENTIAL SUSPENSION OR
REVOCATION OF BUSINESS TAX RECEIPTS FOR
COMMERCIAL CHARTER OPERATORS THAT ENGAGE IN
NUISANCE OR HABITUAL UNLAWFUL ACTIVITIES; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the C ity of Miami Beach has established a Marine and Waterfront Protection
Authority ("MWPA") to make periodic reports and advisory non-binding recommendations to the
City Manager or the City Commission for the improvement of standards for the City in marine-
related matters to promote and maintain a safe clean and healthy marine environment to be
enjoyed by the City's residents and visitors; and
WHEREAS, the MWPA also is charged with making recommendations regarding any
ongoing and future waterside activities including the permitting and policing of water-related and
beach concessions, water-oriented and marine-related special events, and marine and waterfront
environmental issues; and
WHEREAS, members of the MWPA are often most aware of commercial charter operators
engaging in conduct that is deleterious to the health, safety, and well-being of residents and
visitors to our City; and
WHEREAS, the Mayor and City Commission desire to amend Sec. 2-190.49 ("Powers
an d duties"), which sets forth the duties of the MWPA, to add new subsection ( 4 ), which authorizes
the MWPA to make recommendations to the City Manager and the City Commission regarding
potential suspension or revocation of business tax receipts for commercial charter operators that
engage in nuisance or habitual unlawful activities.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM BEACH, FLORIDA:
1
SECTION 1. That Section 2-190.49 of Division 21, Article Ill, of Chapter 2 of the City Code,
entitled "Powers and duties," is hereby amended to state as follows:
Chapter 2 - AD MINISTRATION
i * ie
ARTICLE Ill. - AGENCIES, BOARDS AND COMMITTEES
k k #
DIVISION 21. - MARINE AND WATERFRONT PROTECTION AUTHORITY
e le i
Sec. 2-190.49.- Powers and duties.
The powers and duties of the authority are to:
( 1)
(2)
(3)
Make periodic reports and advisory non-binding recommendations to the city
manager or the city commission for the improvement of standards for the city in
marine-related matters to promote and maintain a safe clean and healthy marine
environment to be enjoyed by the city's residents and visitors. This shall include
working in cooperation with federal, state, and local agencies interested in marine
standards and clean and clear waterways; and to publicizing the importance of
adequate standards; and holding and conducting public hearings, discussions,
forums and institutes to arrange programs for the presentation of information by
experts in related fields.
Foster and maintain a clean, litter-free marine environment by exploring the
availability of enforcement techniques, new ordinances, and the active promotion of
voluntary cleanups.
Make recommendations regarding any ongoing and future waterside activities
including the permitting and policing of water-related and beach concessions, water-
oriented and marine-related special events, and marine and waterfront
environmental issues.
(4) Make recommendations to the city manager and the city commission regarding
potential suspension or revocation of business tax receipts for commercial charter
operators that engage in nuisance or habitual unlawful activities. The City Manager
shall respond to any recommendation made pursuant to this subsection within 30
days.
(4)() The investigation, development, and carrying out of plans for the preservation and
renourishment of the beaches in the city, including, but not limited to, erosion control.
(5) (6) To foster and maintain a clean, safe, and litter-free beach environment by exploring
the availability of enforcement techniques, programs, or new legislation to
accomplish these goals.
(-&j ill The encouragement of a desire in the citizenry and visitors to the city to maintain
and preserve the city's beaches.
2
(7)(8) Th e recom m endation of plans to the city m anager, city com m ission, as well as to
other local, state, and fe deral govern m ental agencies, fo r the preserv ation and
nourishm ent of the city's beaches.
(8)(9) Th e authority's pow er of review and recom m endation set fo rt h hereinabove shall
ap ply as w ell to such m atters concern ing m aintenance of city boardw alks,
be achw alks, cutw alk and bayw alks.
SE C TI O N 2. R E P E AL E R
A ll ordinances or part s of ordinances in confli ct herew ith be and the sam e are hereby
repea le d.
SE C T IO N 3. S E V E R A B ILI T Y
If any se ction, subsection, clause, or pro vision of this O rdinance is held invalid, the
rem ainder sha ll not be aff ected by such invalidity.
S E C T IO N 4 . C O D IF IC A T IO N .
It is the intention of the C ity C om m ission, and it is hereby ordained that the pro visions of
this ordina n ce shall becom e and be m ade part of the C ode of the C ity of M iam i Beach as
am ende d ; that the sections of this ordinance m ay be renum bered or relettered to accom plish such
inte ntio n ; and that the w ord "ordinance" m ay be changed to "section" or other appropriate word.
SE C T IO N 5. EF F E C T IV E D A T E .
T his Or di n ance shal l take effect on th e day of,2 024.
PA S S E D A N D A D O P T E D this d ay of ,2 024.
A TT E S T :
Steven M einer, M ayor
R afae l E. G ranado , C ity C lerk
(S ponso red by C om m issioner D avid S uarez)
3